Dealing with the Insurance Companies After a Serious Motorcycle Accident
Injured in a Motorcycle Accident? Don’t Let the Insurance Companies Deny You Just Compensation.
If you have been seriously injured in a motorcycle accident, it is possible that multiple parties could be liable for your injuries. Issues with your motorcycle, your safety gear, the road, and the other driver’s vehicle can all support claims for financial compensation. However, in most cases, driver negligence is the primary cause of motorcycle accidents. This means that recovering your losses will involve dealing with the insurance companies.
Unfortunately, this is easier said than done. Securing insurance coverage after an accident is challenging—and this is particularly true for injured motorcycle riders. The insurance companies regularly deny valid claims, and they will utilize a variety of tactics to try to pay you less than you deserve.
What Do You Need to Know about Dealing with the Insurance Companies After a Motorcycle Accident?
When dealing with the insurance companies after a serious motorcycle accident, you need to be smart in order to protect your right to just compensation. Mistakes can be extremely costly, and there are some mistakes from which you cannot recover. Here are some important facts you need to know:
1. You Do Not have to Give a Recorded Statement
When you file your insurance claim, you will be asked to state what you believe happened in the accident. While the adjuster will make it seem like this is required or routine procedure, you do not have to give a recorded statement. The insurance companies have an obligation to investigate—you do not have an obligation to tell the insurance companies what you believe caused the collision. If you provide a recorded statement, it will only be used against you.
2. The Insurance Companies Will Not Calculate Your Losses for You
A common misconception about the insurance claims process is that the insurance companies will calculate your losses for you. This is not the case. In order to recover all of your losses, you need to prove them with clear and comprehensive documentation. If you do not have evidence to prove your losses, any amount you receive will almost certainly reflect only a small portion of the total amount you are entitled to recover.
3. If You Were Partially at Fault, You May Still Be Entitled to Coverage
In the vast majority of states, even if you are partially at fault in a motorcycle accident, you can still recover a portion of your accident-related losses. Do not let the insurance companies tell you otherwise. Insurance companies frequently use “comparative fault” or “contributory negligence” as a basis for denying full coverage. Before you accept partial responsibility, you need to hire a law firm to conduct a comprehensive and unbiased investigation.
4. If Multiple Parties Were at Fault, the Insurance Company May Still Be Fully Liable
In many states, even if a driver is only partially at fault in an accident, his or her insurance company can still be held fully liable. This is based on the doctrine of “joint and several liability.” If an insurance company denies full coverage on the basis that its driver was just one of several liable parties, you will need to hire a lawyer to determine if you are entitled to additional coverage.
5. You Should Not Feel Pressured to Accept a Settlement
If an insurance company pressures you to settle, there is only one reason why this is the case: The insurance company knows you are entitled to more money, and it is trying to get you to waive your legal rights. You need to make your own decision about settlement, and you need to calculate your current and future losses before you resolve your claim.
6. If You Feel that You are Being Treated Unfairly, You Can Take Your Claim to Court
While you have the option to settle your claim if you receive a fair offer, you also have the right to take your claim to court. Our lawyers have extensive litigation experience, and we can help you decide if it makes sense to go to trial.
Contact Us 24/7 for a Free Consultation about Your Motorcycle Accident Claim
For more information about how to protect your legal rights when dealing with the insurance companies after a motorcycle accident, contact Oberheiden Law today. Our lawyers can deal with the insurance companies for you, and we can pursue all available claims to recover maximum compensation on your behalf. For a free, no-obligation consultation, call 866-376-4871, or tell us how to contact you and one of our lawyers will be in touch with you shortly.